Sumit (Engineer) 16 September 2011

2nd wife's right on the property after the death of 1st wife

Hi,

My father got married to my mother in 1976. We lived together in Pune untill my mother died in 2007. The property was shared by both of them (My Father and Mother). After 1 year my Father got married to a woman (Court marriage). The woman has 2 sons from her previous husband(dead). Does she have any rights (or can claim) on my property? What are the ways to make sure that nobody either she or her children can claim my property?

Please reply as soon as possible.

Thanks in advance!!

Sumit

Hi,

My Father made a Release Deed in my name. Is it different from Sale/Gift deed? I have "Release Deed" and "Will" in my name. Do I need any other document to be the absolute owner of the property?

Thank you,

Sumit

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3 Replies

kuldeep kumar (lawyers) 16 September 2011

release deed relates to ancestoral property so it is diffrent from gift n wills.from ur case it seems u r owner of self and ancestoral property.as regard property in which u r legatee u r safe.but as regard ancetoral property i must say ur father also has a share in that property and that share may or may not be claimed by ur cusins and i reserve my opinion.stay on for better reply..

adv. rajeev ( rajoo ) (practicing advocate) 16 September 2011

If the property is self acquired property of your father and mother, you are entittle to get equal share in your mother's property.

And release deed executed by your father in favour of you holds valid provided if the property is self acquired property of your father, otherwise your 2nd mother will be enttittle for the sahre if you filed a suit for partition against your father. Wife cannot file a suit for partition independently during the life time of the husband.

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kuldeep kumar (lawyers) 16 September 2011

mr sumit u r master of ur property..sleep well

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